[2007] KEHC 1895 (KLR)
The court found that the sale of the properties was conducted on 14th March 2006 and that the respondent had not filed any application to set aside or prevent the confirmation of the sale. The respondent's opposition was deemed to be a mere delaying tactic without substantive merit. As a result, the court granted...
Source-derived case information.
- Citation
- [2007] KEHC 1895 (KLR)
- Parties
- Applicant: National Bank of Kenya; Respondent: Specialized Suppliers
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 391 of 2001
- Procedural Posture
- Civil Case / Ruling on Ex Parte Notice of Motion for Confirmation of Sale
- Outcome
- Notice of Motion granted as prayed; sale confirmed and certificate of sale to issue.
- Judges
- JM Khamoni
- Legal Topics
- Confirmation of Sale, Execution of Judgment, Notice of Motion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
National Bank of Kenya
Applicant
Specialized Suppliers
Respondent
Procedural Posture
Civil Case / Ruling on Ex Parte Notice of Motion for Confirmation of Sale
Legal Issues
- 1 Whether the court should confirm the sale of the properties as requested by the applicant.
- 2 Whether the respondent's opposition constitutes valid grounds to set aside or prevent confirmation of the sale.
Ratio Decidendi
The court found that the sale of the properties was conducted on 14th March 2006 and that the respondent had not filed any application to set aside or prevent the confirmation of the sale. The respondent's opposition was deemed to be a mere delaying tactic without substantive merit. As a result, the court granted the applicant's Notice of Motion, confirming the sale and granting the certificate of sale as prayed.
Court Disposition
Notice of Motion granted as prayed; sale confirmed and certificate of sale to issue.
Orders
- The Notice of Motion dated 4th September 2007 is granted as prayed.
- The sale of the properties is confirmed.
Full Case Text
Judgment text and source record
12 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (MILIMANI COMMERCIAL COURTS)
Civil Case 391 of 2001
NATIONAL BANK OF KENYA ………………….……… APPLICANT
versus
SPECIALIZED SUPPLIERS ………………….….…. RESPONDENT
RULING
In this Ex-parte Notice of Motion dated 4th September 2007, the Applicant wants an order of this court confirming sale of properties mentioned in the application and therefore wants in addition grant of certificate of sale.
From what has been brought to my attention by Mr. Burugu for the Applicant and Mr. Koech for the Respondent during the hearing of the Notice of Motion, I find no good reason why the Notice of Motion should not be granted. The sale took place on 14th March 2006 and to date the Respondent has filed no application to set aside the sale or otherwise prevent the sale from being confirmed. What the Respondent has said in opposition in this application therefore came out as mere delaying tactic which should not be accepted.
Accordingly this Notice of Motion is hereby granted as prayed.
Dated this 22nd Day of October, 2007.
J. M. KHAMONI
JUDGE